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State Extends Capacity Limitations

Posted on January 8, 2021

Governor Charlie Baker announced yesterday that the temporary orders to reduce capacity and limit gatherings that were put into effect on December 26 will be extended to January 24, 2021. The temporary order was originally set to expire on Sunday.

Lt. Governor Karyn Polito indicated that the administration hopes that these restrictions remain temporary.

The temporary orders reduce capacity to 25 percent for most businesses and limit gatherings to no more than 10 people inside and 25 people outside. Workers and staff are excluded from event occupancy counts. The gatherings limit applies to private homes, event venues and public spaces.

The capacity order applies to a wide array of businesses but excludes K-12 education, manufacturers, laboratories, and construction.

 

The 25 percent temporary capacity and gathering order applies to the following industries:

 

Sector Revised Capacity Limits Notes
Gatherings (adjusting Order No. 57) 10 persons indoors

25 persons outdoors

applies to both private homes and event venues and public spaces
Restaurants 25% of seating capacity (a) workers/staff excluded from occupancy count;

(b) applies separately to indoor and outdoor capacity

Close Contact Personal Services 25% workers/staff excluded from occupancy count
Indoor and Outdoor Events 10 persons indoors

25 persons outdoors

workers/staff excluded from occupancy count
Theaters and Performance Venues

(Indoor performance venues remain closed)

Movie theaters – 25% and maximum 50 people

Outdoor performance venues – 25% and maximum 25 people

Casinos 25% MGC to re-issue capacity rules as necessary
Office Spaces 25%
Places of Worship 25% workers/staff excluded from occupancy count
Retail Businesses 25% workers/staff excluded from occupancy count
Driving and Flight Schools 25%
Golf Facilities 25% applies only to indoor spaces
Libraries 25%
Operators of Lodgings 25% applies only to common areas
Arcades & Other Indoor & Outdoor Recreation Businesses 25%
Fitness Centers and Health Clubs 25%
Museums / Cultural & Historical Facilities / Guided Tours by vehicles and vessels 25%
Sectors Not Otherwise Addressed 25%
Common Areas in facilities subject to EEA-issued COVID-19 safety rules 25% applies only to indoor spaces and excludes youth and amateur sports facilities
General Provision:  Where no licensed or permitted capacity allowance is on record and for any enclosed space within a larger facility, occupancy shall be limited to no more than 5 persons per 1,000 square feet.

All other rules and restrictions in each sector-specific guidance will remain in effect. For additional legal guidance for essential businesses, please click here.

Health and Human Services Secretary Marylou Sudders also issued new hospital guidance:

Hospital Tier Escalation: All regions across the state have been escalated to Tier 4 status. The Department of Public Health’s hospital guidance, issued in early November, establishes a regional tiering system to support continued collaboration among hospitals and sustain capacity. Since early December, all regions across the commonwealth have been in Tier 3 status, which established a framework for greater coordination to balance patient load. In Tier 4, the hospitals in each region will meet at least daily, and will continue to collaborate across regions where necessary, to address growing capacity constraints and continue to load balance as needed.

ICU Nurse Staffing Ratios: The commonwealth is allowing hospitals with severe capacity constraints to request a temporary exemption from the mandated nurse-to-patient ratios in the ICU. This option will only be available to hospitals with capacity of less than 20percent that first attest that they have suspended all non-essential elective invasive procedures, including those conducted in an outpatient setting under the hospital’s license.

Additionally, hospitals must take every reasonable step to expand capacity prior to requesting a temporary exemption. If a hospital’s bed capacity increases, or if the hospital re-starts nonessential elective invasive procedures, the hospital must resume compliance with the ICU staffing requirements.

If you have compliance questions please contact the AIM Hotline at 800-470-6277 or if you have any policy related questions regarding these new orders please contact Brad MacDougall, SVP for Government Affairs (AIM) call 617-262-1180 or any member of the AIM Team

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